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The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The term “emergency accident”, which is the requirement of the insurance accident under the instant insurance clause, means that the cause of injury or death means all the occurrence caused by external factors, not due to the physical defect of the insured, i.e., the disease or physical physical injury, etc., and the causal link between the external nature of the accident and the result of injury or death, has the burden of proof against the claimant for insurance.
(2) On July 10, 2014, the lower court, upon citing the first instance judgment, determined that, in light of the following circumstances, it is reasonable to view that the deceased, while being infected with a cerebral virus from outside of the body, was seriously activated due to external factors, such as overwork and stress, thereby causing bodily injury, and that the deceased died as a result of such bodily injury. In so doing, the lower court determined that it constitutes an insurance accident secured by each accident insurance of the instant case.
① At the time of the death of the instant virus infection, the Deceased was a healthy youth of 20 years of age, who was a representative of the Ulst-gun of the Republic of Korea in the past, and was equipped with the physical conditions and physical strength to the extent that he/she would act as a superior in the past. On the other hand, there was no king related to brain infection.
(2) The Deceased has been suffering from overwork and stress due to continuous training, participation in the Games, burden on the results of the games, training, preparation for the Games, etc.
③ In general, it is reasonable to view that brain infection is related to the outbreak of cerebral infection through a cerebral virus due to overwork, stress, etc. due to a astronomical disease.
(4)